General Terms and Conditions

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Contract Duration and Termination for Continuing Obligations
6. Liability
7. Applicable Law
8. Place of Jurisdiction
9. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Weinbörner UG (limited liability) (hereinafter "Provider"), apply to all contracts for the provision of services that a consumer or entrepreneur (hereinafter "Customer") concludes with the Provider regarding the services presented by the Provider on its website. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The service descriptions found on the Provider's website do not constitute binding offers by the Provider, but serve for the submission of a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Provider's website. In doing so, after placing the selected services in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contract offer in relation to the services contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Provider can accept the Customer's offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
• by beginning the execution of the service at the Customer's request and notifying the Customer of this, or
• by requesting the Customer to pay after submitting their order.

If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Provider does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the Provider's online order form, the text of the contract is stored by the Provider after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent their order. The Provider shall not make the contract text accessible beyond this. If the Customer has set up a user account on the Provider's website before sending their order, the order data will be archived on the Provider's website and can be accessed by the Customer free of charge via their password-protected user account by providing the corresponding login data.

2.5 Before submitting a binding order via the Provider's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.6 German and English are available for the conclusion of the contract.

2.7 Order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the provider can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the provider or by third parties commissioned by the provider to process the order can be delivered.

3) Right of Withdrawal

Consumers generally have a right of withdrawal. More detailed information on the right of withdrawal can be found in the provider's cancellation policy.

4) Prices and Payment Conditions

Unless otherwise stated in the provider's service description, the prices quoted are total prices that include statutory VAT.

5) Contract Duration and Termination for Continuing Obligations

5.1 Information on contract duration and termination, especially regarding the termination modalities for services provided as part of continuing obligations, will be communicated to the customer within the respective service description on the provider's website.

5.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, considering all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

5.3 Terminations can be made in writing, in text form (e.g., via email), or in electronic form via the termination device (termination button) provided by the provider on its website.

6) Liability

The provider is liable to the customer for damages and reimbursement of expenses arising from all contractual, quasi-contractual, and statutory, including tortious claims, as follows:

6.1 The provider is liable without limitation for any legal reason

• in case of intent or gross negligence,
• for intentional or negligent injury to life, body, or health,
• based on a guarantee promise, unless otherwise regulated in this respect,
• due to mandatory liability such as under the Act on Liability for Defective Products.

6.2 If the provider negligently breaches an essential contractual obligation, liability is limited to the contractually typical, foreseeable damage, unless unlimited liability applies according to the above section. Essential contractual obligations are obligations that the contract imposes on the provider according to its content to fulfill the purpose of the contract, whose fulfillment makes the proper execution of the contract possible in the first place, and on whose compliance the customer may regularly rely.

6.3 In all other cases, the provider's liability is excluded.

6.4 The above liability provisions also apply with regard to the provider's liability for its vicarious agents and legal representatives.

7) Applicable Law

7.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

7.2 Furthermore, this choice of law regarding the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

8) Place of Jurisdiction

If the customer acts as a merchant, legal entity under public law, or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the provider's place of business. If the customer has its seat outside the territory of the Federal Republic of Germany, the provider's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, the provider is in any case entitled to call upon the court at the customer's place of business.

9) Alternative Dispute Resolution

9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

9.2 The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.